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MATTER OF ESTATE OF CROCE

No. 1-94-2425.

653 N.E.2d 20 (1995)

273 Ill.App.3d 599

210 Ill.Dec. 433

In the Matter of the ESTATE OF Leanore Taub CROCE, Deceased, (Donato Croce, Petitioner-Appellant, v. Merle Davis, as Executor and Trustee Under the Last Will and Testament of Leanore Taub Croce, Deceased, and Michael Croce, a Minor, Respondent-Appellee).

Appellate Court of Illinois, First District, Sixth Division.

June 23, 1995.

Attorney(s) appearing for the Case

Vincent J. Pascucci, Chicago, for appellant.

A. Charles Kogut and Anthony J. Kogut of Kogut & Associates, Des Plaines, for appellee.

Justice EGAN delivered the opinion of the court:

The principal issue in this case is whether a surviving spouse may maintain a will contest after having filed a renunciation of the will. No Illinois case has addressed this precise issue; but cases in other jurisdictions have.

Donato Croce, the surviving spouse, appeals from an order dismissing his complaint to contest the will of his wife, the decedent, Leanore Taub Croce. The trial judge held that a renunciation...

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